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Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
<h1>Appellate Tribunal CESTAT Hyderabad allows assessee's appeal in Appeal No. 11/2013</h1> The Appellate Tribunal CESTAT, Hyderabad set aside the impugned order and allowed the appeal filed by the assessee in Appeal No. 11/2013 dated 28-11-2014. ... Infructuous appeal - effect of prior identical disposal - setting aside impugned order and allowing appealInfructuous appeal - effect of prior identical disposal - The departmental appeal is infructuous and liable to be dismissed because the same impugned order has already been set aside in a prior, identical appeal in favour of the assessee. - HELD THAT: - The Tribunal recorded that Appeal No.20412/2015, filed against the same order-in-appeal, was earlier disposed of by this Tribunal by Final Order No.31040/2016 dated 14-10-2016, which set aside the impugned order and allowed the appeal filed by the assessee. In view of that prior disposal and the fact that the impugned order has been set aside, the departmental appeal before this Bench is rendered infructuous. No further adjudication on the merits was necessary.Departmental appeal dismissed as infructuous.Final Conclusion: The appeal filed by the department is dismissed as infructuous in view of the earlier Tribunal order setting aside the impugned order and allowing the assessee's appeal. The Appellate Tribunal CESTAT, Hyderabad in the case of Appeal No.11/2013 dated 28-11-2014, set aside the impugned order and allowed the appeal filed by the assessee. The appeal filed by the department was dismissed as infructuous.
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